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Board of Respiratory Care Examiners Board Meeting Minutes dui phoenix arizona

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					   Board of Respiratory Care
Examiners Board Meeting Minutes
   Regularly Scheduled Meeting of November 19, 2009

                           Thursday, November 19, 9:00 a.m.
                            Basement Conference Room B-1
                        1400 W. Washington, Phoenix, AZ 85007


   Board Members Present:        Board Members Absent:          Staff Present:
   Board Chair Toni Rodriguez    James Love left at 2:15        Mary Hauf Martin
   Vice Chair Becky Brimhall     Becky Brimhall left at 2:30    David Geriminsky
   Chuck Ramirez                                                Valarie Davis
   James Love
   John O’Donnell                                               Legal Counsel:
   David Sanderson                                              Keely Verstegen
   Bill Cohagen
                               WWW.RB.AZ.GOV
                           Authored by: David Geriminsky
                        Recommended by: Mary Hauf Martin
                     Approved by the Board on December 17, 2009
                                                                         –


                                                                             Board of Respiratory Care Examiners Board
                                                                                         Meeting Minutes
                                                                                            Regularly Scheduled Meeting of November 19, 2009

                                                                         CALL TO ORDER

                                                                                       The Meeting was called to order at 9:00 a.m. by Board Chair Toni Rodriguez.

                                                                                                               CONSENT AGENDA

                                                                         CONSENT AGENDA:

                                                                         All items listed with “C” are considered to be routine or have been previously reviewed by the
                                                                         Board of Respiratory Care Examiners, and will be enacted by one motion. There will be no
                                                                         separate discussion of these items unless a Board member so requests; in which event the item
                                                                         will be removed from the Consent Agenda, and placed in the Regular Agenda under Item R-2.
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                         MOTION ON THE CONSENT:

                                                                                 There being no items requested to be removed, a motion was made by David Sanderson
                                                                         to approve all items on the Consent Agenda. John O’Donnell seconded. The Motion Passed

                                                                         C-1      APPROVAL OF MINUTES
                                                                                  Recommended for Approval

                                                                                  October 15, 2009
                                                                                  October 19, 2009


                                                                         C-2      ACTION ON APPLICATIONS FOR LICENSURE

                                                                                  i.       Permanent License Issuance
                                                                                           Recommended for approval by the Executive Director
                                                                                           Mark Baldwin         Alycia Ballentine      Christopher Bero      Larysa Bruno
                                                                                           Christopher Cannizzo Jeanette Carrillo      Tammy Detwiler        Lisa Drexler
                                                                                           Allison Eisenhart    Teresa Fischer         Julie Galperen        Monica
                                                                         Galvan




                               1
            Nicolas Gonzales     Danielle Griffin              Leslie Hiner        Kristie
       Janman      Biormayhoor Jo               Christy Ling           Henry Lopez
            Monserrat Lopez      Maliwan McIvor        Tiffanee McKaque      Dora Medina
            Pete Merayo
            Michelle Mirl        Jessica Molera        Allison Newendorp Vy Nguyen
            Paula Pastor         Nyla Samuel           Sherree Schornack
            Sacha Spencer-Clacke Mindy Stoehr          Khristina Theobald
            Brittany Washington Casey Winterrowd       Alyssa Zuniga

       ii.    Re-Application for Permanent Licensure

              Recommended for approval by the Executive Director
              John Craig       Esmeralda Reyes

       iii.   Ratification of Temporary Licenses Issued Pursuant to A.R.S. §
              32-3521

              Recommended for Ratification by the Executive Director
              Paul Achey            Mark Baldwin          Samandrea Barkely Jeremy Brady
              Lisa Bushnell         Christopher Cannizzo Daniel Clack         Rosie Dominquez
              Bonnie Dzambo                 Belinda Ekstrom      Adrian Enache
                     Nicole Gillespie
              David Greenwood       Cleotis Henry         Michele Herman      Arlene High




                                                                                                Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
              Ebony Holland                 Marcus Huff          Brian Koehn         Racheal
              Lee
              Georgia Lemunyon Veolada Lemus              Phily McCormick      Seth McGowan

              Theodore Mefford    Cindy Munoz        Brian Murphy           Crystal Neville
              Anabel Ornelas            Mark Ottesen        Juan Perez              Samantha
              Preihs
              Eric Robinson       Dennis Ryan          Jeanette Sanchez     Natalie Sharka
              Travis Simpkins     Shahab Sobhanian     Sacha Spencer-Clarke
              Shannon Staszak     Lynn Stewart         Triscia Stokes       Lynn Teslik
              Bobbi Tistle        Leda Turner          Gloria Valderrama    Elaine Weinstein
              Camille Zeiger

       iv.    Ratification of Temporary License Extension Issued pursuant to
              A.R.S. § 32-3521

              Recommended for Ratification by the Executive Director
              Michael Meadows

C -3   ACTION ON ADMINISTRATIVE CLOSING OF APPLICATION FILES


       Recommended for closing of application files
       Jim Boyle*          Christine Conner     Dennis Ira           Clara Leon



                                                                                                  2
                                                                                Elena Marshall             Bill Scheller          Eric Torres         Herman
                                                                         Tragnirtz
                                                                                Joseph Weick        Denise Wright          Christine Young


                                                                         C- 4   ACTION ON ADMINISTRATIVE CLOSURE OF TWO-YEAR INACTIVE FILES


                                                                                Recommended for closing of inactive files
                                                                                David Bromley              Peter Cordova        Margaret De Lue    William Hart
                                                                                Daisy Hernandez     James Jordan         Corie Mitchell      Karen Nasco
                                                                                Robert Raulerson    Charles Scott        Brandy Stence

                                                                         C- 5   ACTION ON NOTICES OF LICENSE EXPIRATIONS

                                                                                Recommend sending notice of License Expirations to the following
                                                                         individuals:
                                                                              Evelyn Benitez        Megan Cavens           Shang Chao          Phillip Dierchksmeier
                                                                              Sherry Fernandez      Karen Gambrel                Andrew Griffin               Maria
                                                                         Gumulka
                                                                              Noel Landas           Nancy Lewis       Suzanne Maitre                  Wade Mason
                                                                              Clifford McNab              Heather McNorton Sharan Obregon                   Mi Mi
                                                                         Saw
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                              Lindsay Seilinger     Lisa Shivery           Kathleen Shurr             Vaughnie
                                                                         Thomas
                                                                              Peggy Vazquez
                                                                                                                     

                                                                         C -6   ACTION ON RATIFICATION OF RENEWAL OF LAPSED LICENSES


                                                                                Recommended to ratify licenses issued by the Executive Director to
                                                                                individuals who met requirements for renewal
                                                                                Casey Carter        Terrance Mallory       Patrisha Sears       Miguel Valdez


                                                                         C-7   ACTION ON RATIFICATION OF CONSENT AGREEMENTS AND LETTERS OF
                                                                               WARNING ISSUED
                                                                               Items listed here will be proposed documents for the Board’s consideration. The
                                                                         Board may choose not to ratify these documents, remove them from the Consent
                                                                         Agenda, and place them in the Regular Agenda under Item R-2.
                                                                                Stipulation and Consent Orders, and Letters of Warnings Issued, once ratified by
                                                                         the Board shall constitute public records which may be disseminated as formal actions
                                                                         of the Board.



                       3
       A.     Decision on Accepting Proposed Consent Agreements

                                           None

       B.     Decision on Accepting Proposed Letters of Warning Issued

                                           None

C -8   ESTABLISH DATE AND TIME OF NEXT BOARD MEETING


       Scheduled date of next Board Meeting

       Thursday, December 17, 2009, at 9:00 a.m.




                                                                         Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                           4
                                                                                                             REGULAR AGENDA


                                                                         R-1    DISCUSSION/ACTION ON EXECUTIVE DIRECTOR'S REPORT


                                                                                  i.   Board Member Appointments Update

                                                                                       Welcome New Board Member Chuck Ramirez

                                                                                 ii.   Scope of Practice Issue

                                                                                                   Advisory Opinion Statement on Intubation

                                                                         The Arizona State Board of Respiratory Care Examiners, at a public meeting conducted on
                                                                         November 19, 2009, arrived at the following Advisory Opinion Statement.

                                                                         The Board reviewed the contents of an email received by the Board from Cindy Horton, BAS,
                                                                         RRT, Respiratory Manager Cardiopulmonary Services, Banner Boswell Medical Center. The
                                                                         email addressed the expanded practice issue of intubation.
                                                                         After reviewing the legislative intent clause which states:
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                                        Laws 1990, Chapter 256, § 1. Legislative Intent

                                                                                        “The legislature also recognizes that the practice of respiratory care is a
                                                                                        dynamic and changing art and science which is continually evolving to include
                                                                                        new developments and more sophisticated techniques in patient care, thus
                                                                                        creating a need for continuing education and maintenance of minimum
                                                                                        standards of competence for those who practice this area.

                                                                                        The intent of the legislature in this act is to provide clear legal authority for
                                                                                        functions and procedures which have common acceptance and usage. In this
                                                                                        act, the legislature also intends to recognize the existence of overlapping
                                                                                        functions between physicians, registered nurses, physical and occupational
                                                                                        therapists, respiratory care practitioners and other licensed health care
                                                                                        personnel and to continue to allow appropriate sharing of functions among the
                                                                                        various health care professions.”

                                                                         After discussion, the Board unanimously agreed that in the presence of facility policies and
                                                                         procedures along with a training program and a method of tracking continuing competency,
                                                                         respiratory care practitioners in the State of Arizona may perform intubation.

                                                                         The Board strongly recommends that RCPs who are performing this procedure document both
                                                                         their training and on-going demonstration of competency.


                        5
R-2   DISCUSSION/ACTION ON ITEMS REMOVED FROM THE CONSENT
      AGENDA
                                            None

R-3   DISCUSSION/ACTION ON APPLICATIONS FOR LICENSURE/RENEWAL
      A.      Application for Licensure/Interview
           1. Jeffrey Green       -     Case Number C002522-10-009035
           2. Jim Boyle           -     Case Number C002428-09-000000*
           3. Cristin Castillo    -     Case Number C002525-10-008982


      1. Jeffrey Green       -      Case Number C002522-10-009035

           Mr Green was present. The Executive Director stated that Mr. Green has provided all
           the documentation to prove that he is eligible for licensure. After discussion David
           Sanderson moved to Grant Mr. Green a License. Bill Cohagen Seconded the
           Motion. Board Chair Toni Rodriguez and Chuck Ramirez voted Nay. The
           Motion Passed.

      2. Jim Boyle           -      Case Number C002428-09-000000*

           This Item was taken in conjunction with Item R-5-1




                                                                                                  Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
      3. Cristin Castillo    -      Case Number C002525-10-008982

           Ms. Castillo was present. The Executive Director stated that Ms. Castillo has
           provided all the documentation to prove that she is eligible for licensure. After
           discussion Becky Brimhall moved to Grant Ms. Castilll a License. Bill Cohagen
           Seconded the Motion. The Motion Passed.

      B.      Re-Application for Licensure/Interview
           1. Laurie Robinson     -     Case Number C002527-10-009196
           2. Michael Marks       -     Case Number C001464-10-009225
           3. Angela Jacobsen     -     Case Number C002528-10-009034


      1. Laurie Robinson -          Case Number C002527-10-009196

           Ms. Robinson answered “Yes” to questions on the documentation she filed with the
           Board regarding the following issues:

  •   Regarding having had a license issued to her previously that was subsequently revoked.

  •   Having had previously filed an application for respiratory care in Arizona.

  •   Having had enrolled in or been committed to a substance abuse program.

  •   Having a criminal history.


                                                                                                    6
                                                                            •   Having a habitual intemperance to drugs or alcohol

                                                                             Regarding Ms. Robinson’s affirmation regarding her criminal history, she disclosed the
                                                                         following: A conviction in 2005 in regards to a Controlled Substance. She provided
                                                                         documentation to establish she met all court requirements to have the conviction reduced to a
                                                                         misdemeanor and her civil rights restored.

                                                                             Regarding Ms. Robinson’s affirmation regarding a previously held license, she disclosed that
                                                                         her license was first placed on probation and then revoked for substance abuse issues. She
                                                                         provided detailed information about her prior drug abuse. She provided information to indicate
                                                                         that she has made several, positive, changes in her life; and is no longer abusing drugs.

                                                                            Due to the disclosures she made, Ms. Robinson was required to attend an interview with the
                                                                         Board to complete her application.

                                                                             At a public meeting held on November 19, 2009, Ms. Robinson told the Board that despite
                                                                         her lengthy history of substance abuse, she is now clean and sober. She feels ready to return to
                                                                         the practice of respiratory care. She stated that she is willing to prove to the Board, over time,
                                                                         that she can stay clean and sober. Board members expressed the importance, if her license is
                                                                         granted, of having close oversight, due to her history.

                                                                             After discussion, Becky Brimhall moved to offer a Consent Order to grant the license and
                                                                         establish rehabilitative probation identical to the terms of probation she was placed on
                                                                         previously. If Ms. Robinson does not sign a proposed Consent Order, her license application
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                         will be denied. Bill Cohagen seconded. The Motion Passed.

                                                                                2. Michael Marks -             Case Number C001464-10-009225


                                                                                  Mr. Marks was present. The Board reviewed all available information
                                                                         on this matter. After discussion Board Chair Toni Rodriguez moved to table
                                                                         this matter until additional documentation could be found specifically a letter
                                                                         from Mr. Marks prospective employer stating what they would be doing to re-
                                                                         educate Mr. Marks considering his long period of absence from the Health Care
                                                                         profession and copies of all CEU’s that Mr. Marks states he has kept up over the
                                                                         past 10 years. Jim Love Seconded. The Motion Passed.
                                                                                3. Angela Jacobsen -           Case Number C002528-10-009034


                                                                               Ms. Jacobsen was present. In May 2008, a previously held license of the
                                                                         Applicant was revoked. She was impaired (under the influence of drugs or
                                                                         alcohol) while practicing respiratory therapy, when she was on duty and
                                                                         responsible for caring for patients.




                          7
        Ms. Jacobsen answered “Yes” to the following questions on her application
form:


18.) Has the applicant enrolled in or been committed to a substance abuse
program in the last ten years?
20.) Has the applicant ever had any habitual intemperance to drugs or
alcohol?
          1.    Ms. Jacobsen provided a written statement that she was an addict
                and entered the Magellan substance abuse program. She stated
                that she has been clean since November of 2008. On November
                03, 2009, the Board received a letter from Centro Esperanza
                Clinic in Mesa indicating that Ms. Jacobsen has been attending
                psychiatric services there from November 2007 to present day.
                The facility states that Ms. Jacobsen is complying with all
                recommendations and participating in the clinic. The facility also
                states that Ms. Jacobsen completed wellness and substance abuse
                groups while at Centro Esperanza.




                                                                                     Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
          2.    Ms. Jacobsen admitted, in a written statement, that her
                previously held license was revoked for substance abuse related
                issues.
       Due to her the issues in her past, Ms. Jacobsen was required to attend an
interview with the Board to complete her license application.
       At a public meeting held on November 19, 2009, Ms. Jacobsen reiterated to
the Board that she has made positive changes in her life. She stated that is
willing and able to prove that she no longer has substance abuse problems.
Board members expressed the importance, if her license is granted, of having
close oversight, due to her history.
      After discussion, Board Chair Toni Rodriguez moved to offer a
Consent Order to grant the license and establish rehabilitative probation. If Ms.
Jacobsen does not sign a proposed Consent Order, her license application will be
denied. Becky Brimhall seconded. The motion passed.




                                                                                     8
                                                                         R-4    CONSIDERATION AND ACTION ON INVESTIGATIONS OF POSSIBLE
                                                                                UNPROFESSIONAL CONDUCT
                                                                                  1. Martin Rocobado -   Case Number C002491-10-003627

                                                                                Mr. Rocobado was present. After reviewing all available documentation and information Board
                                                                         Chair Toni Rodriguez moved to take this matter to the level of an informal interview. John O’Donnell
                                                                         Seconded. The Motion Passed.

                                                                                    2. Christy Pennington      -       Case Number C002520-10-009104

                                                                                 Ms. Pennington was present. She failed a random drug screening; the substance was
                                                                         methadone. She admitted using the substance and that she does not have a valid prescription.
                                                                         Licensee stated she took ¼ of a 10mg tablet of methadone the night before she was randomly
                                                                         selected for the drug screen. She stated that she has frequent migraine headaches, and took an
                                                                         old prescription of her fiancé’s.

                                                                                 When this matter was brought to the attention of the Board, by Marge Perech of
                                                                         Northwest Medical Center, via the Board’s online Complaint system, Ms. Pennington entered
                                                                         into a Temporary Agreement Not to Practice until the Board could meet to discuss it.

                                                                                At a public meeting held on November 19, 2009, Ms. Pennington told the Board that this
                                                                         was an isolated incident. She stated that she is not a drug abuser and is willing to prove to the
                                                                         Board, over time, that she is clean, sober and able to safely practice respiratory care.
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                                 After discussion, Becky Brimhall moved to offer Ms. Pennington a Consent Order for
                                                                         Rehabilitation. If Ms. Pennington does not sign a proposed Consent Order, she will be invited
                                                                         to an informal interview with the Board. Bill Cohagen seconded. The motion passed.

                                                                                    3. Cameo Conley            -       Case Number C002521-10-007393

                                                                                Ms. Conley was present. After testimony from Ms. Conley and review of all available
                                                                         documentation the Board found that there was no evidence to support an allegation of
                                                                         unprofessional conduct. Bill Cohagen moved to dismiss this allegation. John O’Donnell
                                                                         seconded the motion. The Motion Passed.

                                                                         R-5    CONSIDERATION AND ACTION ON INFORMAL INTERVIEWS PURSUANT
                                                                                TO A.R.S. § 32-3553(G)
                                                                            -   These Informal Interviews are scheduled for the afternoon session, which begins at
                                                                                1:00 p.m.

                                                                                    1. Jim Boyle               -       Case Number C002428-09-000000

                                                                            Mr. Boyle was not present. An applicant for a license to practice respiratory care must
                                                                         submit a complete application to the Board, including all necessary documents and fees.
                                                                         Pursuant to A.A.C. R4-45-213, the Board’s Executive Director must review said application and
                                                                         determine whether the individual is eligible for a license pursuant to A.R.S. § 32-3523. If an
                                                                         applicant is determined to be eligible, a temporary license is granted. Mr. Boyle received a


                      9
Temporary License based upon the information he provided on his Application that later proved
to be false. He failed to disclose the fact that he once held a license to practice respiratory care
in the State of California; that his California license was revoked; and the conduct for which it
was revoked:

   •   Felony Convictions. The felonies were for willfully and unlawfully accomplishing an act
       of sexual intercourse with a person under 16 years of age and assault by means of force
       likely to produce great bodily injury. (Conviction later dismissed/civil rights restored.)

   •   Failure to report his criminal charges on an application to renew his California license.

   •   Unauthorized practice (working without a license after a temporary license expired); and

   •   Forging a California Respiratory Care Practitioner’s License.

On February 19, 2009, the Board held a public meeting, in part to consider an allegation of
unprofessional conduct against Mr. Boyle. He was present. The Board determined the
following:

   o   Mr. Boyle acquired his Temporary License by fraud and misrepresentation.

   o   Mr. Boyle attempted to acquire a permanent license by fraud and misrepresentation.

After discussion, the Board offered him a stipulated consent order requiring him to resolve the
status of his license in California.




                                                                                                       Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
       Mr. Boyle failed to sign and return this proposed agreement and his license was
       administratively suspended as it expired while under investigation.

        On November 19, 2009, the Board held its regular, monthly, public meeting in part to
conduct an informal interview regarding the allegation of unprofessional conduct and to make a
determination regarding his permanent license. Mr. Boyle was not present. The Board
reviewed a letter he submitted stating: He cannot afford to rectify the status of his California
license; and, he has no intention of ever practicing respiratory care in Arizona.

       Becky Brimhall moved that Mr. Boyle did not meet the requirements set forth in
A.R.S. §32-3523 and to deny his license to practice respiratory care. Bill Cohagen seconded
the Motion. The Motion Passed.

           2. Laura Waldecker         -       Case Number C002504-10-001798

         Ms. Waldecker was present. Ms. Waldecker was selected for a random drug screening by
her employer. Ms. Waldecker reported for the drug screening, but submitted a urine sample
that was out of the temperature range as it exceeded 100 degrees in temperature. The drug lab
asked Ms. Waldecker for another sample under direct observation but she stated that she was
unable to produce one. They told her to drink some water and wait in the lobby. Ms. Waldecker
left the building then returned telling them she was going back to work. Ms. Waldecker resigned
her position.




                                                                                                       10
                                                                              This Complaint was received on August 24, 2009, from Lily Longacre of Preferred
                                                                         Homecare. Ms. Waldecker was informed, in writing, of the matter.

                                                                                 Ms. Waldecker provided a statement, saying she was informed that if she stepped
                                                                         outside of the building it would be considered an automatic refusal to retest. She stated that she
                                                                         stepped outside to make a phone call without thinking and when she returned the lab would not
                                                                         let her retest.

                                                                                Ms. Waldecker stated that she would not have tested positive for any drug or substance
                                                                         for which she does not have a valid prescription and that the situation, while she made a mistake
                                                                         by leaving the lab, was an unfortunate incident; not an indicator of drug or alcohol abuse.
                                                                         Evidence was presented to the Board to substantiate the information in the allegation. Board
                                                                         Members expressed their concern regarding Ms. Waldecker’s failure to satisfactorily complete
                                                                         an employer’s random drug screen.

                                                                               After consideration and discussion, Toni Rodriguez moved to place the license of
                                                                         Laura Waldecker on an order of rehabilitation probation. Bill Cohagen seconded. The
                                                                         motion passed.



                                                                         R-6    CONSIDERATION AND ACTION ON FORMAL COMPLAINT HEARINGS
                                                                                PURSUANT TO A.R.S. § 32-3553(H)
                                                                                  1. Ty Williams         - Case Number C002507-10-004426 – 10:30 a.m.
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                                  2. Jeannette Sweet     - Case Number C002493-10-08768 – 10:00 a.m.
                                                                                  3. Kenneth Smith       - Case Number C002499-10-005921 – 11:00 a.m.
                                                                                  4. Viridiana Hernandez - Case Number C002496-10-007710 – 11:30 a.m.


                                                                             1. Ty Williams            -      Case Number C002507-10-004426

                                                                         Mr. Williams was not present. The case was presented by Assistant Attorney General Keely
                                                                         Verstegen, on behalf of the State of Arizona. In early September, 2009, a compliance check was
                                                                         conducted on Mr. William’s file and it appears that there were one or more areas of non-
                                                                         compliance.

                                                                         Term 3.        “Participation in Counseling Sessions and AA/NA

                                                                                Within seven days of the effective date of this Order, and throughout the term of this
                                                                                Order, Licensee shall participate in a combination of Counseling Sessions and meetings
                                                                                of 12-Step Programs that, cumulatively, are three sessions per week. The
                                                                                sessions/meetings must be on three separate days per week. Licensee shall submit to
                                                                                the Board, in writing on Board-approved forms, monthly reports with the following
                                                                                information:

                                                                         *      Name of 12-Step Group or Counseling Session

                                                                         *      Name or initials of another individual in attendance at each meeting



    11
*      Date and time of meeting

*      Location and address of meeting place

       *      Name and phone number of organizing/administering person

       *      Name and phone number of sponsor”

       Note: Mr. Williams failed to submit information regarding his Participation in
             Counseling Sessions and AA/NA required on the following due dates.

       March 15, 2009                April 15, 2009         May 15, 2009

       June 15, 2009          July 15, 2009           August 15. 2009

Term 5.       “Drug Testing

       Licensee shall comply immediately (i.e., within 2 hours) with requests from the Board, or
       its agents or designees, to submit to witnessed random biological fluid collection. This
       test must be, at a minimum, a 10-Panel. And, he shall authorize any person or
       organization conducting tests on these collected samples to provide testing results to the
       Board.”

       Note: On September 3, 2009, an attempt was made to call Mr. Williams for a random
             drug screen at his phone number of record. The number was not valid.

Term : “Abstain from Unauthorized Drug Use/Proof of Prescription




                                                                                                    Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
       Licensee shall take no drugs or medications whatever (except for plain aspirin and/or
       plain acetaminophen), whether controlled substances, prescription-only drugs or over-
       the-counter preparations, unless such drug or medication was prescribed for him by his
       treating physician.

       Licensee must have a current prescription for any prescription-only drugs or over-the-
       counter preparations taken, and provide a copy of all mood-altering or controlled
       substance prescriptions written for the licensee within 72 hours after the
       prescription has been filled.”

       Note: Despite a history of health-related concerns that require prescription medication,
       Mr. Williams failed to provide any prescriptions.

Term 10.      “Change of Employment/Personal Address/Telephone Number

       Licensee shall notify the Board, in writing, immediately, via facsimile or email, of any
       change in employment, personal address or telephone number.”

       Note: Mr. Williams failed to provide information regarding: employment; and, a
             current phone number.

       In light of the above, and pursuant to A.R.S. § 32-3553(H), the Board held a public
meeting on September 17, 2009, to determine whether there was good cause to believe that Mr.
Williams was in violation of his probation. The Board’s Executive Director duly caused the


                                                                                                    12
                                                                         meeting to be noticed in accordance with the Arizona Open Meeting Law. In addition, Mr.
                                                                         Williams was invited to the meeting and reminded that failure to appear would be a violation of
                                                                         his probation. Mr. Williams did not appear before the Board personally or by legal counsel.
                                                                         This constituted a violation of the following term of his order:

                                                                         9.      “Interview with the Board or its Designee

                                                                                 Licensee shall appear in person or if residing out of state, telephonically for interviews
                                                                                 with the Board or its designee upon request and with at least 2 days notice.”

                                                                                  Evidence was presented to the Board that Mr. Williams was in violation of the following
                                                                         terms of his order: Terms Number 3, 5, 7, 9 and 10. Evidence was presented to establish that
                                                                         Mr. Williams was placed on probation for necessary oversight, and he cannot be regulated at
                                                                         this time. Furthermore, the evidence established that Mr. Williams’s behavior, as it relates to
                                                                         his violation of each and every important aspect of his probationary order, establishes an
                                                                         immediate threat to the public health and safety. Board Vice Chair Becky Brimhall moved to
                                                                         issue an interim order of summary suspension of Ty Williams’ license to practice respiratory
                                                                         care in Arizona. Board Member Bill Cohagen seconded. The motion passed unanimously by a
                                                                         roll call vote. The Board also voted to issue a Formal Complaint and Notice of Hearing.

                                                                                  On November 19, 2009, the Board held its monthly meeting to consider suspending or
                                                                         revoking Mr. Williams's license to practice respiratory care. Mr. Williams was served by U.S.
                                                                         certified mail with the Board’s Complaint and Notice of Hearing which gave Mr. Williams notice
                                                                         of the time, place and location of the meeting. The Board’s Complaint directed Mr. Williams to
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                         respond to the allegation in writing. He did not respond. Assistant Attorney General Verstegen
                                                                         presented evidence, on behalf of the State of Arizona, to establish that Mr. Williams violated his
                                                                         probation. The Board found that the evidence supported the State’s case.

                                                                             After discussion, Bill Cohagen moved to adopt Findings of Fact and Conclusions of Law as
                                                                         set forth in the Board’s Complaint and Notice of Hearing. Becky Brimhall seconded. The
                                                                         motion passed. After further discussion, Bill Cohagen moved to revoke Mr. Williams’s license
                                                                         to practice respiratory care in Arizona. John O’Donnell seconded the Motion. The Motion
                                                                         Passed.

                                                                              2. Jeannette Sweet        -       Case Number C002493-10-08768

                                                                             Ms. Sweet was present. The case was presented by Assistant Attorney General Keely
                                                                         Verstegen, on behalf of the State of Arizona. The Board held a meeting on September 08, 2009
                                                                         in part to consider Ms. Sweets case. Evidence was presented to the Board that, contrary to the
                                                                         requirements of a probationary order designed to protect the public health, welfare and safety,
                                                                         Ms. Sweet tested positive for the Cocaine Metabolite, and Propoxyphene; both confirmed by
                                                                         GC/MS. Ms. Sweet was screened at 300 ng/ml of Cocaine with a cut off of 150 and 300 ng/ml
                                                                         of Propoxyphene with a cutoff of 100. Ms. Sweet does not have on file prescriptions for either
                                                                         of these narcotic, habit-forming drugs.

                                                                             The written statement provided by Ms. Sweet was written articulately and expressed regret
                                                                         for what she termed her “inappropriate behavior.” She admitted to having relapsed in the use of



13
alcohol, which constituted another violation of her probationary order, because Term Number 5
states:

“Abstain from Alcohol Use

Licensee shall completely abstain from the use of alcohol.”

           Ms. Sweet did not deny having used cocaine. She provided information related to her
           12-Step Sponsor and stated “I must beg for your graces in my recent mishap and can
           only hope for new terms and a suspension where I can prove my devotion and
           commitment to being a sober member of AA, a professional RRT, and a contributing
           member to my family and community.”

           Board Members expressed great concern that Ms. Sweet had failed to live up to the
           trust that had been placed in her, by granting her license and allowing her to practice
           while on a probationary order. After reviewing all of the evidence, the Board found
           that Jeannette Sweet’s behavior establishes an immediate threat to the public health
           and safety. Therefore, the Board voted to issue an interim order of summary
           suspension of Jeannette Sweet’s license to practice respiratory care in Arizona. The
           Board also voted to issue a Formal Complaint and Notice of Hearing.

       On October 14, 2009, the Board received drug screen results collected on October 08,
2009 which Board staff had requested. The Results of that drug screen were Positive for
Opiates; specifically Morphine. Ms. Sweet provided no prescriptions for the opiate. She




                                                                                                     Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
provided no explanation for this positive drug screen.

     On November 19, 2009, the Board held its monthly meeting to consider suspending or
revoking Ms. Sweet's license to practice respiratory care. Ms. Sweet was present. She did not
dispute the information in the Board’s Complaint, as presented by Assistant Attorney General
Keely Verstegen. Ms. Sweet did not provide proof of having prescriptions that would explain her
drug screen results. She could not explain why her recount of the dates when she had been
prescribed medications did not match up with the dates of and results for her drug screens. As
she had in a letter provided at an earlier date, she admitted she had a relapse. She did state
that she and her family have been going through emotionally devastating times.             Board
members expressed their opinions that, at this time Ms. Sweet is not able to safely and skillfully
practice respiratory care. Board members encouraged Ms. Sweet to attend to her physical and
emotional health at this point in time. Board Vice Chair Becky Brimhall moved to adopt
Findings of Fact and Conclusions of Law as set forth in the Board’s Complaint and Notice of
Hearing. Board Member Bill Cohagen seconded. The motion passed unanimously. After
further discussion, Bill Cohagen moved to revoke Ms. Sweet’s license to practice respiratory care
in Arizona. Board member John O’Donnell seconded. The motion passed unanimously via a
roll call vote.

   3. Kenneth Smith           -      Case Number C002499-10-005921




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                                                                                Mr. Smith was not present. The case was presented by Assistant Attorney General Keely
                                                                         Verstegen, on behalf of the State of Arizona. Mr. Smith was arrested for a DUI on September 27,
                                                                         2008. Under Arizona law, he had ten days to report his arrest to the Board. He failed to do so.

                                                                                Mr. Smith provided a statement to the Board that that he was convicted of these charges
                                                                         on July 21, 2009. However, when speaking with Gilbert Municipal Court, Board staff was told
                                                                         that Mr. Smith was convicted on May 21, 2009.

                                                                                 Mr. Smith stated that he pled not guilty while awaiting an evidentiary hearing. The
                                                                         police officer involved did not show up to the hearing, and at that time his council advised him
                                                                         to take the D.A.’s Plea Agreement. Mr. Smith provided the following information: He is
                                                                         required to complete 5 years of probation, serve 10 days in jail, complete a MADD program,
                                                                         complete counseling, pay $1659.00 in fines, and not possess or consume alcohol/drugs.

                                                                                    BACKGROUND OF SUBSTANCE ABUSE

                                                                         Mr. Smith has a history of substance abuse and related criminal charges, as follows:

                                                                         Mr. Smith filed a license application on March 12, 2002. In his application, Mr. Smith answered
                                                                         yes to Questions Number 18 and19. This statement includes a written explanation and
                                                                         documentation of the following:

                                                                         •   On January 13, 2000, Mr. Smith committed a felony offense: Aggravated Driving Under the
                                                                             Influence; a class 4 felony. At the time of the offense, Mr. Smith was driving on a license
                                                                             restricted to “to and from work and school” from a previous DUI. Mr. Smith’s sentence
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                             included the following: 4 months (with credit for 32 days served); probation for a period of 3
                                                                             years upon his release from the Department of Corrections; requirements related to his
                                                                             ability to reinstate his driver’s license; payment of fines; and, the performance of 100 hours
                                                                             of community service beginning on April 1, 2002.

                                                                         •   On October 16, 1999, Mr. Smith committed a misdemeanor offense: DUI. This offense
                                                                             required the suspension of his driving privileges, then a restriction on his license to driving
                                                                             “to and from work and school.” He also received a sentence of 10 days in jail and counseling.

                                                                         •   On October 27, 1997, Mr. Smith went to court in Tempe, Arizona, for traffic charges and
                                                                             found guilty of failure to yield to the right of way. He provided proof of insurance and paid a
                                                                             fine.

                                                                         •    On August 20, 1997, while in jail, Mr. Smith missed a court date for a traffic ticket (failure to
                                                                             yield and no proof of insurance), and thus received another failure to appear charge. He was
                                                                             released on his own recognizance and a new court date was set.

                                                                         •   On August 16, 1997, Mr. Smith was stopped for speeding and learned that a bench warrant
                                                                             had been issued for failure to appear. He had been cited previously for not having his license
                                                                             plate mounted. He was also cited for possession of spiritous liquor by a minor. Mr. Smith
                                                                             states that he was nineteen and “taking beer to a party.” Mr. Smith was found guilty and
                                                                             paid a fine.




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•   On December 7, 1996, Mr. Smith was arrested for criminal trespass in Mesa, Arizona. He
    pled guilty, was placed on one year of unsupervised probation, paid a fine, and was ordered
    not to return to the building where he had been arrested.

•   On June 16, 1996, Mr. Smith was arrested on a felony motorcycle theft charge in Gilbert,
    Arizona. The case was dismissed without prejudice.



His license application was reviewed by the Board’s Executive Director and, per Board policy, a
stipulation and consent order of probation for a temporary license was offered to Mr. Smith.
Mr. Smith entered into this order with the Board on March 13, 2002. His temporary license was
issued valid through November 13, 2002.

        On March 21, 2002, the Board held its regular, monthly, public meeting in part to
consider the ratification of Mr. Smith’s probationary Temporary License. Mr. Smith was
present. Board members felt that the probationary terms should be amended to include
additional requirements, including: attendance at 3 12-Step meetings per week; and random
biological fluid screens. Mr. Smith verbally agreed to enter into an amended stipulated order of
probation.

Mr. Smith entered into the amended stipulated order with the Board on April 8, 2002 and was
released from Board-ordered probation in 2004.

    On November 19, 2009, the Board held its monthly meeting to consider suspending or




                                                                                                     Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
revoking Mr. Smith's license to practice respiratory care. Mr. Smith was served by U.S. certified
mail with the Board’s Complaint and Notice of Hearing which gave Mr. Smith notice of the time,
place and location of the meeting. The Board’s Complaint directed Mr. Smith to respond to the
allegation in writing. He did not respond. Assistant Attorney General Verstegen presented the
case, on behalf of the State of Arizona, that Mr. Smith violated the laws and rules governing the
practice of respiratory care. The Board found that the evidence supported the State’s case.

    After discussion, Bill Cohagen moved to adopt Findings of Fact and Conclusions of Law as
set forth in the Board’s Complaint and Notice of Hearing. Becky Brimhall seconded. The
motion passed. After further discussion, Bill Cohagen moved to revoke Mr. Smith’s license to
practice respiratory care in Arizona. John O’Donnell seconded. The motion passed.

    4. Viridiana Hernandez           -       Case Number C002496-10-007710

   Ms. Hernandez was present. The case was presented by Assistant Attorney General Keely
Verstegen, on behalf of the State of Arizona. was arrested in 2007, and charged along with eight
other individuals with nineteen offenses related to narcotics. Of these original nineteen charges,
Ms. Hernandez was formally charged with three counts as follows: Two charges of Narcotic
Drug Violation; and one charge of Illegal Control of Enterprise.

   Under Arizona law, Ms. Hernandez was required to notify the Board of her arrest within ten
days. She failed to do so.



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                                                                             On September 08, 2009, a letter from Ms. Hernandez was received. She explained that she
                                                                         did not believe she had to report these issues because she has not yet been convicted. Ms.
                                                                         Hernandez did not address her underlying conduct, which resulted in the criminal charges, in
                                                                         her letter.

                                                                             On September 17, 2009, the Board met to consider this matter as an allegation of
                                                                         unprofessional conduct against the Ms. Hernandez pursuant to A.R.S. § 32-3553.            Ms.
                                                                         Hernandez was notified of the time, place and location of the Board meeting. She did not
                                                                         appear. After reviewing all of the information, and discussion, the Board voted unanimously to
                                                                         issue a formal complaint and hold a formal hearing pursuant to A.R.S. § 32-3553(I).

                                                                             Ms. Hernandez came into the Board office on November 06, 2009, and supplied court
                                                                         documents showing that she plead guilty to Solicitation to Commit Possession of Narcotic Drugs
                                                                         for Sale, a Class 4 Felony. Documents show that she has no right to appeal, and no ability to
                                                                         have her civil rights restored. The court ordered her to pay a $10,000 fine with no additional
                                                                         penalties, including jail time.

                                                                             On November 19, 2009, the Board held its monthly meeting to consider suspending or
                                                                         revoking Ms. Hernandez's license to practice respiratory care. Ms. Hernandez was present. She
                                                                         stated that her involvement in the criminal activity that led to her conviction was something she
                                                                         deeply regrets. Assistant Attorney General Verstegen presented the case, on behalf of the State
                                                                         of Arizona, that Ms. Hernandez violated the laws and rules governing the practice of respiratory
                                                                         care. The Board found that the evidence supported the State’s case. Board Members expressed
Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009




                                                                         regret that Ms. Hernandez’s actions placed them in a situation where they had no choice but to
                                                                         take the most severe action possible under the law.

                                                                             After discussion, Becky Brimhall moved to adopt Findings of Fact and Conclusions of Law
                                                                         consistent with the Board’s Complaint and Notice of Hearing. Bill Cohagen seconded. The
                                                                         motion passed. After further discussion, Bill Cohagen moved to revoke Ms. Hernandez’s license
                                                                         to practice respiratory care in Arizona. Becky Brimhall seconded. The motion passed by a
                                                                         vote of 5 ayes and 0 nays, with David Sanderson and John O’Donnell abstaining.

                                                                         R-7    CONSIDERATION AND ACTION ON PREVIOUS BOARD ACTION
                                                                                Informal Interview Regarding Probation Compliance

                                                                                    o These Informal Interviews are scheduled to begin at 1:30 p.m.

                                                                                       1. Kevin Burke              -       Case Number C002295-09-008444
                                                                                 Mr. Burke was present. The Executive director provided documentation showing that
                                                                         Mr. Burke has complied with his probationary order. Mr. Burke requested that his probation be
                                                                         lifted.

                                                                              After discussion, Becky Brimhall moved to lift Mr. Burke’s probationary order. David
                                                                         Sanderson seconded. The Motion Passed.

                                                                                A. ACTION ON RATIFICATION OF CONSENT AGREEMENTS AND LETTERS
                                                                                   OF WARNING ISSUED

17
       Modification of Decision on Accepting Proposed Letters of Warning Issued

           Dawn Coleman              Case No. C002512-10-004202
           Iralee Beck               Case. No. C002512-10-005218



           The Board took no action at this time on these matters.

R-8    CALL TO THE PUBLIC


Those wishing to address the Board do not need to request permission in advance. Each person
wishing to address the Board will be given five (5) minutes to do so. The Board can only take
action on matters listed on the agenda. Persons who wish to raise issues or concerns not on the
noticed agenda should be aware that the only procedural action that can be taken is directing
staff to study the matter or to schedule the matter for further discussion at a later date.

There was no public presentation to the Board.

R-9    ADJOURNMENT


Board Chair Toni Rodriguez adjourned the meeting at 2:05 p.m., without objection




                                                                                                  Board of Respiratory Care Examiners Board Meeting Minutes | 11/19/2009
DATED this _11th day of December, 2009




                                                 _________________________________
                                                 _________

                                                 MARY HAUF MARTIN

                                                 Executive Director




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